Digiscribe Technology Private Limited (“us”, “we”, “our” or “Digiscribe”) is the owner, author and publisher of the internet domain www.digiscribe.in
(“Website”) on the world wide web as well as the
application ‘DigiRecords’ (“Application”) (together referred hereinafter as the
cloud sharing features of the Platform, and all related features, players, widgets, tools, applications,
data, software, application program interface (APIs) and other services provided by Digiscribe (the
“Services”) by a qualified doctor and registered
medical practitioner (whether an individual professional or an organization) or similar institution
(“Doctors”, “you”, “your”).
provisions of Indian laws, including but not limited to:
- the Indian Contract Act, 1872 (“Contract Act”);
- the Indian Medical Council Act, 1956 read with the Indian
Medical Council Rules, 1957;
- the Telemedicine Practice Guidelines,
- the Pharmacy Act, 1948 (“Pharmacy Act”) and the Pharmacy Practice Regulations, 2015
- the Clinical Establishments (Registration and Regulation)
Act, 2010 (“Clinical Establishments”);
- the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945
- the Drugs and Magic Remedies (Objectionable Advertisements)
Act, 1954 (“Drugs and Magic Act”);
- the (Indian) Information Technology Act, 2000
- the Information Technology (Reasonable Security Practices
and Procedures and Sensitive Personal Information) Rules, 2011(the “SPI Rules”), and
- the (Indian) Information Technology (Intermediaries
Guidelines) Rules, 2011 (“IG Guidelines”);
- the Consumer Protection Act, 1986.
Services of Digiscribe. By registering for our Services, you irrevocably accept all the obligations
any other terms that may be notified to you from time to time, constitute a legally binding agreement (the
“Agreement”) between you and Digiscribe in
relation to your use of our Services.
This document is an electronic record in terms of IT Act and rules thereunder as
applicable and amended from time to time. This electronic record is generated by a computer system and does
not require any physical or digital signatures.
following meanings ascribed to them:
“Clinic” shall mean
the Doctor’s clinic;
“Confidential Information” shall mean all communications between Digiscribe and the Doctor, and other material
supplied to the Doctor by Digiscribe hereto which is either marked ‘confidential’ or is by its
nature intended to be exclusively for the knowledge of the Doctor alone, and any information concerning the
affairs, operations, the Platform, the Services, business transactions or the financial arrangements of
Digiscribe or of any Person with whom Digiscribe is in a confidential relationship and shall include and all
connected documents, writings, articles or products, except such documents, writings, articles or products
which are in the public domain or which by their nature or use are known to the general public;
“Control” in relation
to Digiscribe means possession, directly or indirectly, of: (i) the power to direct or cause the direction
of the management or policies of Digiscribe, whether through the ownership of 25% (twenty five percent) or
more of the voting securities of Digiscribe or by contract; or (ii) the right to appoint more than 50%
(fifty percent) of the members of the board of directors of Digiscribe;
shall have the meaning ascribed to the term in Clause 7.1;
“Governmental Authority” means any government (foreign,
domestic, multinational, federal, territorial, state, municipal or local), or any governmental,
non-governmental, legislative, executive, administrative, fiscal, judicial, quasi-judicial or regulatory
authority, government-owned or government-controlled (in whole or in part) enterprise, public international
organisation, body, board, bureau, ministry, department, commission, court, tribunal, agency,
instrumentality or other Person exercising legislative, executive, administrative, fiscal, judicial or
regulatory functions (including planning authorities, mediators or arbitrators of competent jurisdiction),
having jurisdiction over the matter in question, in any jurisdiction or political sub-division (as the case
may be), including but not limited to the Medical Council of India, National Medical Council, National
Medical Commission, so on and so forth, and includes any such authority having jurisdiction over or
responsibility with respect to, the administration or determination of the subject matter of these Terms of
“Intellectual Property” shall have the meaning ascribed to the term in Clause 12.1;
“Kiosk” shall have
the meaning ascribed to the term in Clause 7.1 (a);
“Law” means and
includes any applicable statute, law, bye-law, enactment, regulation, ordinance, policy, treaty, rule,
notification, direction, directive, guideline, requirement, license, rule of common law, order, decree,
judgment, or any restriction or condition including any similar form of decision of, or determination,
application or execution by, or interpretation or pronouncement having the force of law of, any Governmental
Authority having jurisdiction over the matter in question;
shall mean such service partners registered on the Platform, from time to time, including but not limited to
pharmacies, e-pharmacies, diagnostic laboratories and centers, physiotherapists, nutritionists, health
insurance providers and any other service partners involved in the medical / healthcare ecosystem,
providing services to the Patients on the Platform;
“Patient Data” shall
have the meaning ascribed to the term in Clause 10.1;
“Person(s)” means any
person (including a natural person), trust, Hindu undivided family (HUF), firm, trade union, company,
corporation, Governmental Authority, state or agency of a state or any association or partnership (whether
or not having separate legal personality) of two or more of the foregoing;
“Platform” shall have
“Platform Fee” shall
have the meaning ascribed to the term in Clause 7.2.
- ACCESS TO AND USE OF THE PLATFORM
- The Doctor hereby intends to: (i) register himself / herself as a
consultant on the Platform; and (ii) to use the Platform at the time of giving medical advice /
consultation to his / her Patients along with accessing the clinic management features, network
service features and other related features of the Platform.
- Digiscribe may provide free access to the Platform for a period of 1
(One) year or such duration as Digiscribe may deem fit, in its sole discretion. Further, upon expiry of
such free access, Digscribe shall be entitled to determine the terms and conditions governing such
access to the Platform, in its sole discretion.
- The Doctor hereby agrees and acknowledges that he / she shall have
access to the tele-consultation features of the Platform only upon payment of such additional fee as
Digiscribe may, in its sole discretion, deem fit.
- Further, the Doctor shall have the option to use a digital tablet or
other device offered by Digiscribe as an additional feature of the Platform for registering Patients on
the Platform and for generating digital prescriptions. However, it is clarified that: (i) such tablet or
digital device shall continue to remain the property of Digiscribe; and (ii) the Doctor shall be
required to pay for the usage of such digital device at such additional cost as Digiscribe may, in its
sole discretion, deem fit.
- OUR SERVICES
- Creating E-Prescriptions
The Services provided by Digiscribe constitutes a technology platform that
enables you to create an e-prescription on the Platform, in the manner more specifically mentioned
hereinafter, facilitates sharing such an e-prescription with any and all of your patients
(“Patients”), and further store such
prescriptions, on a permanent basis, for your reference, anytime and anywhere. You can also take a
photograph of a handwritten and duly signed prescription and upload it on your account as well as share it
with the Patient. The Services and the Platform enables you to have the ease of accessing any past
e-prescription and uploaded photograph of the valid prescription given by you, whether for informative
and/or reference purposes and also to give any new e-prescription and/or photograph of the valid
prescription to any Patient, without having to physically carry around your prescription book.
This Platform also provides for a receptionist module whereby your receptionist
can view prescriptions, resend prescriptions - either via print or SMS, take photographs of prescription,
upload prescriptions, generate and email bill and manage appointment and avail other clinic management
features on your behalf. The receptionist cannot create new prescriptions. The receptionist will only have
limited access to provide such Services using your Account (as defined herein
below). You will be responsible and liable for all the acts and deeds of your
- Booking Appointments
The Platform offers an additional feature to you through which you can provide
online consultation to Patients through video calls by paying an additional fee. For using this telemedicine
feature on the Platform, you will be first required to provide your digital signature following which you
will be required to set up your own time on the Platform which indicate your availability for
teleconsultation. Once the time slots are provided for, you will be required to provide your bank account
details in which you wish to receive the consultation fee from the Patient. On completion of this process,
your available time slots will be displayed on the Platform for Patients to book appointments with you. When
a Patient chooses one of the time slots provided by you, you will be given the option to confirm the time
slot chosen by the Patient. On such confirmation, a weblink will be generated which will be sent to you and
the Patient. You can connect with the Patient at the agreed time by clicking on this weblink.
- Sharing of Prescription
The Platform also gives you the option to share the e-prescriptions so created
directly with our Network Partners and the Patient.
- Digiscribe is not responsible for undertaking delivery of any
medicines, articles, materials or products to the Patients in any manner whatsoever. All such deliveries
are undertaken by the Network Partners who are solely responsible for such delivery and providing the
end service to the Patients. The status of delivery and any update on the progress of such delivery is
shared with the Doctor on his / her dashboard on the
- ELIGIBILITY & USER ACCOUNTS
In order to access the Services and the Platform, you will be
required to register on the Platform by creating an account (“Account”) and providing the following details:
- your name, email address, password, phone number;
- financial information such as bank account details, credit and
debit card details, or other payment instrument details;
- your clinic information including, but not limited to, clinic
name, clinic phone number, receptionist name (if any), receptionist number (if any), clinic address;
- your registration number and state medical council of
- your specialization, if any;
- aadhar card registration using your biometric data for
authentication of e-prescriptions as explained under Clause 6 below;
- your signature (as on government and banking documents) on a
touch-screen enabled device, for authentication of e-prescriptions as explained under Clause 6 below;
- names of pharmacies within the vicinity of the clinic (if any)
and certain other information. However, please note that such preferences are simply indicative in
nature, and shall, at no point, bind either you or the Patients and/or Digiscribe, to suggest,
recommend, endorse and/or visit the particular pharmacies mentioned by you. (collectively
- CREATING AND UPLOADING AN E-PRESCRIPTION
- Upon your successful registration on the Platform, you are required
to create an e-prescription which shall be used by you for any prescriptions that you would provide to
the Patients using the Platform, in such format as provided on your dashboard on the Platform. Usually
the e-prescription format will require you to insert and upload the following details of the Patient,
including but not limited to:
- Complaints: Details of the health
complaints that the Patient might have and that the Patient might share with you.
- Diagnosis: details of your
observations in relation to the Patient’s health, based on the complaints shared by the Patient or
his / her guardian and / or caretaker.
- Suggested Lab Tests: Details
of any medical tests / lab tests that the Patient may need to undergo, if any.
- Drugs Prescribed: Details of
medicines and/or drugs / formulations / generic drug names prescribed by you to the Patient as per your
Please note that the information requirements / fields set out above are for
indicative purposes only and you may also be required to insert / upload any additional information on the
Platform as may be required. Digiscribe may and reserves the right to, from time to time, change or update
the kind of information / fields that you may be required to upload / update at the time of creating
the e-prescription for any Patient, as Digiscribe may deem fit or as required by applicable Laws. You can
choose to skip any information requirement / field, if according to you any particular information field is
not applicable to a particular Patient. However, in case there are any mandatory information fields that
cannot be skipped, you will be required to insert such mandatory information for creating the e-prescription
- Further, the technology of the Platform may prompt suggestions when
you are filling such information fields for creating the e-prescription. It is expressly clarified that
these suggestions are purely suggestive in nature and are only to assist you in filling and completing
the prescription faster. The Platform provides these suggestions, based on your past practices, such as
past diagnosis of similar complaints, lab tests and drugs suggested by you in the past, and / or any
test / drug that may be widely used for the particular complaint mentioned in the particular
prescription. You are required to exercise your sole discretion prior to selecting any such suggested
diagnosis / lab tests / drugs / prescriptions. It is expressly clarified that Digiscribe shall, in no
event, be held responsible for the accuracy and the relevancy of the suggestions of diagnosis / lab
tests / drugs on the Platform.
- The prescriptions will only be issued by you under circumstances
that are appropriate, legal, responsible and as the result of discussion and mutual agreement between
the Patient and you. The prescription shall contain your name, registration number, Patient’s name
and other details, and date of prescribing.
- SHARING OF E-PRESCRIPTION
- Authentication of Prescription
The Platform enables you to share the prescription: (i) directly with our Network
Partners through the network sharing feature of the Platform; and (ii) the Patient. Once you have completed
the prescription for any particular Patient, you are required to authenticate each such prescription prior
to uploading such prescription on the Platform. You can authenticate each such prescription in either of the
- In the event that you elect to provide your signature on a
touch-screen enabled device as mentioned in Clause 4 above, the Platform shall automatically store your
signature (in a digitally encrypted format) and provide you with passcode. Upon completion of each
prescription by you, you will have to insert this passcode on the Platform to enable the Platform to
validate the authenticity of the prescription and affix your signature thereon.
- You can utilize the biometric device, provided to
you by Digiscribe, to authenticate the prescription. For use of such biometric device, you shall be
required to provide your aadhar number on the Platform as well as scan and register your fingerprint
using the biometric device provided by Digiscribe. After validation of your fingerprint against your
aadhar number as provided by you, the Platform shall store your fingerprint (in a digitally encrypted
format). Upon completion of the prescription by you, you can use the biometric device to scan your
fingerprint, which in turn will enable the Platform to validate the authenticity of the
- Sharing of Prescription with Network Partners and Patient
- Once you have completed the handwritten prescription for any
particular Patient and duly signed it, you can take a photograph of the said prescription from your
mobile and upload the photograph of the prescription onto your Account and share the same with the
Network Partner and / or the Patient. You will ensure that the image you are uploading is clear and
contains all four edges of the prescription. If your prescription comes through cut off or the text is
illegible, we will not be liable for it. Please note that we only accept images in jpg, jpeg, bmp, gif,
png, pdf, and tiff files under 5 megabytes.
- In order to share the prescription directly with our Network
Partners through the network sharing feature of the Platform, you will be required to enable the
‘Share with Network Partners’ feature of the Platform. When this feature is enabled, the
Platform through its application program interface (API) directly shares the prescription upon its
authentication by you with the Network Partner by uploading it to the dashboard of such Network
- It is clarified for the avoidance of doubt that you are required to
and are solely responsible for obtaining a Patient’s consent before sharing the prescription with
the Network Partner. You shall not share the prescription with the Network Partner if the Patient denies
giving his / her consent.
- It is further clarified that in the event that you share the
prescription with the Network Partner without the Patient’s consent, you shall solely be liable
for any claims or actions brought forward by the Patient and Digiscribe will not be liable to any
Patient in any manner whatsoever.
- PLATFORM FEE AND CONSIDERATION
- In consideration of Digiscribe paying to the Doctor the Platform Fee
(as defined hereinafter) and Digiscribe providing
access to the Platform for giving consultation to the Patients, the Doctor shall provide to Digiscribe
the following (together referred to as “Doctor Services”):
- such space, as may be mutually agreed between Digiscribe and the
Doctor, within the premises of the Clinic for setting up a Platform kiosk (“Kiosk”);
- the service of enabling the Patients visiting the Doctor and Clinic
to access and use the Kiosk and register themselves on the Platform;
- installing or setting up: (i) digital devices like machines,
scanners, etc. at the Kiosk; and (ii) informational posters above the Kiosk and / or in the Clinic, to
assist the Patients in their use of the Kiosk or the Platform;
- the service of generating and sharing the e-prescriptions with
Network Partners / Patients, digitizing physical prescriptions and digitizing Patient Data (as defined hereinafter) to be uploaded on the Platform; and /
- providing medical advice, consultation, tele-consultation,
diagnosis, treatment, prescription of drugs or medicines or lab tests, or any other related services to
the Patients registered on the Platform.
It is hereby clarified that Digiscribe shall install the Kiosk in accordance with
such timelines and in such manner as Digiscribe may deem fit, in its sole discretion. It is further
clarified that, in the event that Digiscribe does not intend to install / set up the Kiosk in your Clinic,
you will continue to provide such other Doctor Services on the Platform which are not related to the Kiosk.
- In consideration of the Doctor Services being provided by the Doctor
to Digiscribe, Digiscribe shall pay to the Doctor, a service fee (“Platform Fee”) within 60 (sixty) days from the generation of
the prescription / fulfillment of the prescription by the Network Partners.
- The Platform Fee payable by Digiscribe to the Doctor shall be
calculated through Digiscribe’s proprietary algorithm based Platform Fee calculator which keeps a
track of the number of Patients who visit the Kiosk and use the Platform and the overall activity and
availability of the Doctor on the Platform.
- The Platform Fee calculated in accordance with Clause 7.3 above
shall be remitted by Digiscribe into the bank account nominated by the Doctor. For such remittance of
Platform Fee the Doctor will be required to provide his / her bank account details to Digiscribe or any
- SETTING UP AND RUNNING OF KIOSK
- The Doctor hereby agree and acknowledge that, in consideration of
the payment of the Platform Fee by Digiscribe in accordance with Clause 7 above, Digiscribe shall be
entitled to set up the Kiosk within the premises of the Clinic.
- Save and except with regard to the location of the Kiosk within the
premises of the Clinic, Digiscribe shall have the right to set up, manage and run the Kiosk in such
manner as Digiscribe may, in its sole discretion, deem fit.
- Digiscribe shall have the right to set up a digital scanner at the
Kiosk which may be used by the Patients to: (i) register themselves on Platform; and (ii) scan the
physical prescriptions given by the Doctor to such Patients.
- Digiscribe shall also have the right to put up marketing and
informational material in relation to the Platform, in and around the Kiosk. Such marketing and
advertising material shall in no manner advertise the Doctor or the Clinic or be deemed to be an
advertisement, marketing or endorsement of the Platform by such Doctor or Clinic.
- It is hereby clarified for the avoidance of doubt that all
ownership, rights and interests, including but not limited to Intellectual Property rights of the Kiosk
and the Platform shall vest solely with Digiscribe, at all times.
- NO ENDORSEMENT, REFERRAL OR SOLICITATION ON THE PLATFORM
- Digiscribe hereby clarifies that:
- Digiscribe does not, in any manner, endorse or recommend the Doctor
or the Clinic or any other doctors or clinics on the Platform.
- The Platform only facilitates and enables a Patient to book
appointments for tele-consultation with the Doctor or any other doctors through the Platform.
- Neither Digiscribe nor the Platform undertakes, in any manner, to
refer or to solicit Patients on behalf of the Doctor, the Clinic or any other doctors or clinics.
- Digiscribe does not make any representations or warranties with
respect to: (i) the Doctor or Clinic, or any other doctors or clinics registered on the Platform; or
(ii) the quality or accuracy of the consultation, diagnosis, treatment, prescription of drugs or
medicines, or any other related services rendered by the Doctor or Clinic, or any doctors or clinics, on
the Platform, in any manner whatsoever.
- Digiscribe further clarifies for the avoidance of
doubt that the Platform is only a facilitator providing: (i) efficient clinic management systems and
solutions to doctors and clinics; (ii) digitised prescriptions and uploading such digitised
prescriptions on the Platform’s cloud based service for ease of access and authentication; (iii)
ease and convenience to Patients registered on the Platform through home delivery of drugs, medicines
and tests, and locating nearby pharmacies and test labs; and (iv) the service of booking appointments
and hosting tele-consultation between the doctors and Patients. All Patients approaching the Doctor or
Clinic, or booking appointments for tele-consultation do so on their own accord and volition.
- PATIENTS’ MEDICAL DATA AND INFORMATION
- Subject to consent of the Patient who is registered on the
- In consideration of the Doctor Services, the Doctor shall have
access to the medical history, medical data and other related information of the Patient consulting with
such Doctor, if such Patient is registered on the Platform (“Patient
- The Doctor shall be entitled to share or receive such Patient Data
with other doctors, clinics and labs.
- It is hereby clarified that a Patient registered on the Platform
may, in his / her sole discretion, consent to the sharing of his / her Patient Data. Further, such
Patient shall also have the right to withdraw such consent being given, at any time, as such Patient may
deem fit, in his / her sole discretion.
- In the event that a Patient registered on the Platform: (i)
withdraws his / her consent; or (ii) ceases to be registered on the Platform, the Doctor shall not in
any manner, access, use, share or receive such Patient’s Patient Data with any Person.
- The Doctor shall be solely responsible and liable for any
unauthorized access, use, sharing or receiving of Patient Data in contravention of this Clause
- CONFIDENTIAL INFORMATION
- All Confidential Information disclosed by Digiscribe to the Doctor
(or his / her affiliates, employees, advisors, agents or representatives) shall be kept strictly
confidential and shall not be disclosed to any Person except to the extent that such disclosure is
- The Doctor hereby agrees and undertakes: (i) to hold all such
Confidential Information disclosed by Digiscribe in strict confidence; (ii) not to disclose such
Confidential Information, either in whole or in part, to any Person other than to Persons requiring such
Confidential Information on a ‘need to know’ basis for the purposes authorized hereunder,
provided that: (a) prior written consent of Digiscribe has been obtained by the Doctor before such
disclosure; and (b) such Person agrees, in writing, to maintain the confidentiality of such Confidential
Information in accordance with the terms hereof; (iii) not to use such Confidential Information for any
purpose whatsoever save as may be strictly necessary in connection with the Platform; and (iv) to take
all reasonable measures to prevent any disclosure of or unauthorized access to Confidential Information
by any third party.
- The Doctor shall not use the Confidential Information disclosed by
- for the advancement or growth of any other business or venture:
(i) owned by the Doctor; (ii) in which the Doctor has a substantial interest; or (iii) to which the
Doctor renders any services, consultation, treatment or support as a part of his medical practice or
- to set up, carry out, invest in or engage in a business: (i)
which is similar to or competes with the business or Platform of Digiscribe; or (ii) that is based on
Digiscribe’s business model, of which the Doctor has gained adequate knowledge in the course of
innovations, concepts, software, programs, interface, technical know-how and Platform of
- The Doctor agrees that he / she shall not use, nor reproduce for
use in any way, any Confidential Information of Digiscribe except in furtherance of the relationship and
purpose set forth herein. The Doctor agrees to protect the Confidential Information in the same manner
as he / she would protect his / her own proprietary and confidential information of similar importance,
at all times, using a reasonable degree of care and take adequate security and precautionary measures to
effect compliance with this Clause by his / her respective affiliates, employees, advisors, agents or
representatives who are given access to any such Confidential Information.
- Nothing contained herein shall be construed as granting or implying
any transfer of rights (including license rights) to the Doctor in such Confidential Information, or any
patents or other Intellectual Property protecting or relating to such Confidential Information. The
Doctor shall immediately notify Digiscribe of any known or suspected breaches of this Clause and shall
fully co-operate with Digiscribe in any search or scrutiny.
The receiving Party may disclose Confidential Information:
- to the extent to which it is required to be disclosed pursuant to
the applicable Law to a Governmental Authority, provided that prior to making such disclosures,
reasonable prior notice of such disclosure shall be given to the disclosing Party;
- to the extent to which it is specifically permitted by the
disclosing Party in writing; or
- to the extent that the Confidential Information is publicly
available and not by way of a breach of an obligation to keep such information confidential.
- INTELLECTUAL PROPERTY
all of the following and all legal rights or interest in, under or in respect of the following arising
under Law, whether or not filed, perfected, registered or recorded and whether now or later existing,
filed, issued or acquired by Digiscribe or owned by Digiscribe: (a) all copyrights, copyrightable works
and all other corresponding rights; (b) all trademarks; (c) all machines, scanners, tablets and other
related products / materials made available to the Doctor; (d) know-how, including technical know-how,
process know-how, technology, software, software development process, Platform, Services technology and
processes in relation to the Platform, technology and processes in relation to the machines, scanners,
tablets, technical data, trade secrets, confidential business information, pricing and cost information,
business and marketing plans, advertising and promotional materials, vendor, third party supplier lists
and information, records, and other proprietary medical documentation and information; (e) all
databases, data collections and data exclusivity, any analytical information derived from such Patient
Data; (f) all other proprietary rights; and (g) all copies and tangible embodiments of any of the
foregoing (in whatever form or medium) (“Intellectual Property”).
- The Doctor hereby agrees that, for the performance of the subject
shall be permitted to use the Platform only in connection with (i) the Kiosk set up at the Clinic; and
(ii) rendering medical services to Patients registered on the Platform.
- The Doctor hereby agrees and acknowledges that his use of the
Intellectual Property shall in no way mean or be construed as an assignment by Digiscribe to the Doctor,
of any ownership, rights or interests of Digiscribe in such Intellectual Property.
- The Doctor further agrees and acknowledges that all Intellectual
Property and other related items, products or materials provided or made available to the Doctor by
Digiscribe or its affiliates or suppliers is and remains, at all times, the exclusive property of
Digiscribe or its affiliate or supplier, and must be returned to Digiscribe or as directed by Digiscribe
upon termination / suspension or earlier if required by Digiscribe.
- The Doctor hereby agrees and acknowledges that any breach by the
Doctor of any provision or obligation under this Clause will cause Digiscribe immediate, material and
irreparable injury, and there is no adequate remedy at law for such breach. In such event, Digiscribe
shall be entitled to seek injunctive relief in a court of competent jurisdiction. This provision shall
right to receive monetary damages.
- REPRESENTATIONS, WARRANTIES, UNDERTAKINGS AND COVENANTS OF THE
- Representations and Warranties
The Doctor hereby represents, warrants, undertakes and confirms that:
- He / she is a duly certified medical practitioner, registered with
the relevant Governmental Authority / medical council / medical bodies and holds the requisite
qualification applicable to doctors for providing medical / surgical / tele-consultation and / or
treatment and other related services to the Patients.
- He / she has obtained all licenses, consents, registrations and
approvals as required for the setting up and day-to-day functioning of the Clinic in accordance with
- He / she: (i) will not violate any third party rights by using /
accessing the Platform and / or the Services; (ii) is not a party to any arrangement or agreement which
will compromise his / her ability to execute, carry out or perform the subject matter of these Terms of
Use; and (iii) will not disclose to Digiscribe, any confidential or proprietary information or materials
belonging to any third party;
- Undertakings and Covenants
In addition to the above representations and warranties, but without limitation,
you agree that:
- you are a registered medical practitioner/doctor, and that no
methods used by you during the course of your practice as a doctor and medical practitioner is illegal
and/or not allowed or permissible by regulatory and/or statutory bodies under any law in force that is
applicable to you;
- you shall, at all times while using the Services and/or the
Platform, adhere to any and all prevalent rules, regulations and/or laws relating to the prescriptions
created and maintained by you on the Platform, the medicines and drugs suggested and advised by you to
the Patients and/or the dosage and composition of any such medicines suggested and recommended by you to
the Patients through the Platform;
- the Account Information that you provide to us and any information
you upload on the Platform are true, accurate, updated, and complete at all times and that you shall be
solely responsible for the accuracy and/or completeness of the same;
- you shall not transfer or share your Account password with anyone
or create more than one valid and existing Account. You are responsible for maintaining the
confidentiality of your Account password and for all activities that occur under your Account;
- you provide an irrevocable consent to Digiscribe to record and save
your calls with Patients in case of online consultation being provided by you through the
- Digiscribe has no way of ascertaining and verifying the accuracy
of the information provided by you and/or any legal compliance that you have to adhere to and/or
maintain as a qualified and certified medical practitioner/doctor and Digiscribe is completely relying
on your representations made to Digiscribe in this regard;
- You will not upload, post, email or otherwise transmit any content
to which you do not have the lawful right to copy, transmit and display (including any content that
- You will not upload, post, email or otherwise transmit any content
that infringes the intellectual property rights or violates the privacy rights of any third party
(including, without limitation, copyright, trademark, patent, trade secret, or other intellectual
property right, or moral right or right of publicity);
- Yow will not use the Services to collect or store personal data
about other users without their express permission;
- You will not knowingly include or use any false or inaccurate
information in any profile or your Account;
- You will not upload, post, email or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or any
other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit
the functionality of the Services, or interfere with the access of any other user to the Services; and /
- You will not circumvent, breach, disable, or otherwise interfere
with security-related features of the Services.
- Termination by Digiscribe
- In the event of breach of these Term of Use by you, Digiscribe
reserves the right to suspend and/or terminate your access to the Platform immediately, with or without
notice to you. Further, Digiscribe may to suspend and / or terminate your access to the Platform, at any
time, for any reason relating to business and / or economic conditions or otherwise, as may be
determined by Digiscribe, by giving you a written notice of 1 (One) month.
- Any suspected illegal, fraudulent or abusive activity may be a
ground for terminating your access to the Platform. Without prejudice to the foregoing, Digiscribe may
also terminate or suspend (temporarily or permanently) all or any portion of your Account or access to
the Services, with or without reason.
- Once your Account is terminated or suspended (temporarily or
permanently), you shall not be entitled to re-register under a new account.
- Termination by Doctor
- The Doctor may discontinue his / her use or access of the Platform
by giving a prior written notice of at least 1 (One) month to Digiscribe. In the event that, the Doctor
fails to give the requisite notice, Digiscribe shall, notwithstanding any other legal rights and
remedies available to it, be entitled to hold back the Platform Fee. Further, Digiscribe may, in its
sole discretion, waive the abovementioned requirement of notice from the Doctor.
- In the event of such discontinuation, the Doctor shall: (i) release
Digiscribe from all future claims and amounts; (ii) remain in full compliance with the material
Property provisions hereof; and (iii) return to Digiscribe, the tablet or other digital device provided
by Digiscribe without making any copies of any information stored on such device.
- Consequence of Termination
The Doctor hereby agrees and acknowledges that in the event of termination /
suspension / discontinuance in accordance with this Clause 14:
- The Doctor shall immediately cease to be a member on the
- Digiscribe will cease to provide and withdraw the Doctor’s
access to the Platform and Services or any additional or related features, items or material of the
- Digiscribe shall cease the functioning of the Kiosk at the Clinic
and retrieve all machines, scanners, tablets and any related other items, products or materials made
available to the Doctor, and all advertising and marketing materials installed at the Kiosk.
- The Doctor shall not be entitled to receive, and Digiscribe shall
not be liable to pay, the Platform Fee to the Doctor.
- The Doctor shall also cease to have access to medical data and
other information of the Patients registered on the Platform.
- The Doctor shall return, deliver and handover to Digiscribe (and
will not keep in his / her possession, recreate or deliver to anyone else) all documents, software,
supplies, devices, apparatus, equipment, records, data, notes, reports, proposals, content material,
lists, correspondence, specifications, drawings, blueprints, sketches, materials, other items or
property, or reproductions of any aforementioned items developed by Digiscribe or otherwise belonging to
Digiscribe, its successors or assigns, whether or not pertaining to Confidential Information
(as defined herein below), and all such
aforementioned items shall, at all times, remain the exclusive property of Digiscribe. The Doctor
undertakes that, in any event, he / she shall return and surrender all such materials, items and
property immediately upon the termination thereof. The Doctor shall not retain any such materials, items
or property or any copies, compilations or analyses, or medical data or information of the Patients
registered on the Platform thereof, after such termination.
- The Doctor shall cease to provide to Digiscribe, space within the
premises of the Clinic for the setting up and functioning of the Kiosk.
The Doctor hereby agrees, undertakes and covenants not to make any disparaging
public statements with respect to: (i) Digiscribe, its affiliates or subsidiaries; (ii) the business of
time or upon the termination / suspension of access to the Platform or Services.
- LIMITATION OF LIABILITY
- The Doctor hereby agrees and acknowledges that:
- Digiscribe shall not be involved in or be liable for any
consultation or treatment or any servicing of Patients or prescriptions or delivery thereof, or related
activities by and among the Doctor and / or Clinic with its Patients.
- Digiscribe shall not be liable for any medical negligence,
inaccurate diagnosis, or incorrect advice by the Doctor and / or the Clinic, of any kind or manner, in
relation to: (i) the consultation or treatment being provided by the Doctor and / or the Clinic to the
Patient; or (ii) the nature, type, quantity, brand, etc. of drugs, medicines or tests being prescribed
by the Doctor and / or the Clinic to its Patients.
- The Doctor and / or the Clinic shall be solely responsible for any
liability, claims or actions arising in relation to the consultation, treatment or prescription of
drugs, medicines or tests and Digiscribe shall have the right to disclaim any such claims or actions
raised against Digiscribe or the Platform.
- The Doctor and / or the Clinic hereby agrees and undertakes to
indemnify and hold Digiscribe harmless against any claims or actions arising against Digiscribe or the
- Use of Platform and Services
In no event will Digiscribe and/or its affiliates be liable to you and/or your
Patients for any damages whatsoever, including without limitation, indirect, incidental, special, punitive
or consequential damages, or lost profits, arising out of, or in connection with, your use of the Services
and/or the Platform and/or the content, whether the damages are foreseeable, and/or whether or not
Digiscribe has been advised of the possibility of such damages in advance. If you are dissatisfied with the
Services and/or the Platform and/or the content, your sole and exclusive remedy is to discontinue using the
Except as otherwise required by applicable law, any claim or cause of action
arising out of or relating to your use of the Services and/or the Platform and/or the content and/or our
relationship with you, must be brought within 30 (thirty) days of the occurrence of the event giving rise to
the claim or cause of action, or the same will be deemed to be forever barred. In no event shall our
cumulative liability to you for any and all claims relating to or arising out of your use of the Services or
the Platform, regardless of the form of action, be greater than the total amount of registration fees, that
you paid to create or maintain an account with us.
We and/or our affiliates shall, under no circumstances whatsoever,
be liable for any delay and/or default in performance of the Services caused by an event beyond our
reasonable control, including but not limited to, war, accident, act of god, industrial action, epidemic,
pandemic, embargo or a delay, failure or default by you, your wireless carrier, or any other supplier of
goods or services to us or to you.
You expressly agree that you use the Platform and the Services thereon at your
Digiscribe and/or its affiliates expressly disclaim any liabilities and
warranties regarding security, accuracy, reliability, timeliness and performance of the Services. No advice
or information provided to you by Digiscribe will create any liability or warranty that is not expressly
Services and Platform are developed for use in India and Digiscribe and/or its affiliates make no
representation or warranty concerning the Services or Platform content when they are used in any other
You agree that you are not an employee or agent of Digiscribe and that your
relationship with Digiscribe is only that of an independent contractor. Accordingly, in no event will
Digiscribe be, directly or vicariously, liable for any advice or medical consultancy or any loss arising
therefrom that you may provide to the Patients. You shall, at all times, be solely responsible for obtaining
the Patients’ informed consent to any diagnosis, treatment, lab tests and/or drugs prescribed.
Digiscribe is not a medical service provider, nor is it involved in providing any healthcare or medical
advice or diagnosis, it shall hence not be responsible and owns no liability to either Patients or Doctors
for any outcome from the consultation between the Patients and the Doctors.
Digiscribe does not: (i) recommend or endorse any doctor listed on the Platform;
(ii) make any representations or warranties with respect to Doctors or the quality of the healthcare
services they may provide, and (iii) does not grade Doctors.
Without limiting the generality of the foregoing, we may provide and/or make
available and/or otherwise reproduce third party content and/or part thereof on the Platform and/or may
provide links to web pages and content of third parties (collectively, "Third
Party Content") to those interested in such Third Party Content. We do not
endorse or adopt any Third Party Content and make no guarantee whatsoever as to its accuracy, reliability or
completeness. We do not represent or warrant the accuracy of any information contained therein, and we
undertake no responsibility to update or review any Third Party Content. You use such Third Party Content
contained therein solely and entirely at your own risk.
Digiscribe reserves the right to take any and all action, as it deems necessary
or reasonable, to maintain the security of the Platform and your Account Information.
- RELIEF AND EXPENSES
- Equitable Relief
The Doctor hereby acknowledges and agrees that, if the Doctor breaches the
provisions of Clauses 11, 12 and 15 hereof, damages owed to Digiscribe would not be possible to ascertain
and Digiscribe will suffer immediate and irreparable damage and loss for which it would have no adequate
remedy. The Doctor therefore agrees that Digiscribe, its affiliates, subsidiaries or group entities, in
addition to and without limiting any other remedy or right it / they may have, shall be entitled to seek an
injunction or other equitable relief in any court of competent jurisdiction, enjoining any such breach, and
the Doctor hereby waives any and all defenses he / she may have on the grounds of lack of jurisdiction or
competence of a court to grant such an injunction or other equitable relief. The existence of this right
at law or in equity, which Digiscribe or its affiliates, subsidiaries or group entities may have.
- Recovery of Expenses by Digiscribe
Digiscribe prevails, it shall be entitled to recover its costs and expenses of bringing and prosecuting such
action, including, without limitation, reasonable attorneys’ and other professional fees from the
- GOVERNING LAW AND DISPUTE RESOLUTION
- Governing Law
of India and subject to Clause 19.2 (Dispute Resolution)
below, the courts at Mumbai, India shall have exclusive jurisdiction on the matters arising from these Terms
of Use, without regard to the principles of conflicts of laws.
- Dispute Resolution
For the purposes of this Clause Digiscribe and the Doctor shall collectively be
referred to as “Parties” and individually as a
- In the event that any dispute arises amongst the Parties, in
connection with the validity, interpretation, implementation or alleged breach of any provision of these
by Digiscribe has been legitimate, the Parties shall endeavour to settle such dispute amicably.
- In the case of failure to resolve the dispute in the manner set out
above within 30 (Thirty) days from the date when the dispute arose, the dispute shall be settled by an
arbitral panel composed of a single arbitrator appointed jointly by both Parties. In the event that the
Parties are unable to agree on the sole arbitrator, 1 (One) arbitrator shall be appointed by each Party,
and the arbitrator so appointed shall nominate a third arbitrator, who shall be the chairperson of the
arbitral tribunal (“Chairperson”). The seat
of arbitration shall be Mumbai. The arbitration proceedings shall be governed by the Arbitration and
Conciliation Act, 1996 and shall be conducted in the English language. The Chairperson shall also decide
on the costs of the arbitration proceedings.
- The Chairperson’s award shall be substantiated in writing and
the Parties shall submit to the Chairperson’s / arbitral panel’s award which shall be
enforceable in any competent court of law.
- In the event that Digiscribe prevails in such arbitration
proceeding, in addition to any other remedies granted to Digiscribe pursuant to such proceeding,
Digiscribe shall be entitled to seek and obtain a permanent injunction or other similar relief
- CHANGE IN CONTROL
extent permitted under Law.
- CHANGES TO THESE TERMS
make will become a part of our Agreement with you as and when they are posted on our Platform. Your
continued use of our Services or the Platform will constitute your consent to the changes we have made. The
Notwithstanding the termination or suspension of access to the Platform and / or
use of the Services or Account thereof, the Clauses 11 (Confidential
Information), 12 (Intellectual Property), 13.1 (Representations and Warranties of the Doctor), 15 (Non-Disparagement), 16
(Limitation of Liability), 18 (Relief and Expenses) and 19 (Governing Law and Dispute Resolution) will survive any
termination / suspension hereof.
or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or
- NO WAIVER
Our failure or delay in exercising or enforcing any right or claim does not
constitute a waiver of such right or claim and shall in no way affect our right to later enforce or exercise
Digiscribe may contact you by email to the email address provided in your Account
or by written communication to the postal address provided in your Account or by a general notice on the
You may contact Digiscribe at any time via www.digiscribe.in, or by
sending an email to [email protected]